S.Yesumani v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN
1. S.Yesumani
2. P.Rani
3. C.Maheswari
4. S.Merci Medilda
5. S.Punithakumari
6. R.Ramathal
7. N.Vasantha
8. P.Selvi
9. C.Shantharubi
10. T.Muthunayagi
11. P.Rajalakshmi
12. Y,Sumathy
13. S.Rachel Kalaimathi
14. J.Sasikala
15. K.Baby
16. P.Padma Geetha
17. B.Eswari
18. R.Santhi
19. N.Kalaiyarasi
20. P.Vaijayanthi Mala
21. A.Angayarkanni
22. S.Amudha
23. P.Amudha
24. A.P.Abiyal
25. T.Joice Caroline 1/7
26. M.Pushpam
27. G.Chitral
28. S.Emimal Nithiyakalyani
29. G.Reginathangam
30. J.Ruby Thanga Joy
31. P.Malarvizhi
32. R.Hepsibha Selvarani
33. P.Jayanthi
34. B.Kavitha
35. L.Uma
36. P.Gowri
37. P.Beulah Jebamani
38. S.Kalaiselvi
39. L.Nirmala Devi
40. V.Selvi
41. S.Dhanalakshmi ... Petitioners Vs.
1. The State of Tamil Nadu, Rep by the Principal Secretary to Government, Department of Health and Family Welfare, Fort St.George, Chennai - 600 009.
2. The Director, The Directorate of Public Health and Preventive Medicine, Teynampet, Chennai - 600 006.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Director of Public Health and Preventive Medicine, the second respondent herein, to consider the representation dated 14.02.2025 of the petitioners favaourable and record the services of the petitioners as Auxiliary Nurse Midwife in the Urban Health Centres pursuant to G.O.Ms.No.103, Health and Family Welfare (EAP - II 2/7
(2) Department, dated 15.04.2010 for 6 to 7 years in the Service Register (SR) of the petitioners in the post of Village Health Nurse in which the petitioners were appointed on Time Scale of Pay by the Deputy Director of Public Health and Preventive Medicine in the Primary Health Centres taking note of the onerous duties discharged by the petitioners as per the job char issued in G.O.Ms.No.275, Public Health and Family Welfare (N2) Department, dated 22.09.2010 in the post of Auxiliary Nurse Midwife (ANM) for the purpose of calculating seniority, monetary and Pension purposes in the post of Village Health Nurse. For Petitioners : Mrs.Nalini Chidambaram, Senior Counsel for Mrs.C.Uma For Respondents : Mr.E.Sundaram, Government Advocate *****
O R D E R
The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the directing the second respondent herein, to consider the representation of the petitioners dated 14.02.2025.
2. The learned Senior Counsel appearing for the petitioners would submit that originally the petitioners were appointed as Auxiliary Nurse 3/7
Midwives in the Urban Health Centres on a contractual basis six to seven years back. Thereafter, the Medical Recruitment Board issued a notice dated 03.02.2017 inviting applications through online mode for Direct Recruitment to the post of Village Health Nurse/Auxiliary Nurse Midwife on regular basis. Thereafter, the petitioners were appointed to the said post. She would further submit that the petitioners requested that their previous services may be included in the service records of the petitioners for the purpose of seniority, pension, and other attendant benefits. The learned Senior Counsel would submit that in this regard, the petitioners sent a representation dated 14.02.2025, and the same is yet to be considered by the second respondent.
3. The learned Government Advocate appearing for the respondents would submit that the petitioners are not eligible to consider their previous services for the purpose of pension. However, the fact remains that the authority has not passed any order based on the representation of the petitioners.
4. Heard the learned counsel for both sides and perused the materials available on record.
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5. In view of the above fact, without going to the merits of the matter, this Court deems it appropriate to direct the second respondent to consider the petitioners' representation dated 14.02.2025 on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of. No costs.
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1. The Principal Secretary to Government, The State of Tamil Nadu, 5/7
Department of Health and Family Welfare, Fort St.George, Chennai - 600 009.
2. The Director, The Directorate of Public Health and Preventive Medicine, Teynampet, Chennai - 600 006.
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C.KUMARAPPAN, J.
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